MBE Rules · Real Property
Zoning — variances and special use permits
The rule
A use variance requires the owner to show (1) unnecessary hardship unique to the parcel not caused by the owner, and (2) that the variance will not harm the public welfare or alter the neighborhood's essential character; area (dimensional) variances require only practical difficulty. A special use permit authorizes a use expressly allowed in the district subject to conditions, and must be granted if the ordinance's conditions are met.
In plain English
Two ways to depart from a zoning rule. Variance = permission to violate; special use = permission for a use the ordinance already contemplates on a case-by-case basis.
The trap
Self-created hardship (e.g., owner built the problem) defeats a variance.
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